[Amended 11-12-1983 by L.L. No. 12-1983]
The Board of Trustees of the Village of Ocean
Beach finds that commercial development in the village should provide
necessary conveniences and services to the residents of the village.
Consistent with the General Management Plan for the Fire Island National
Seashore and the Village Comprehensive Plan and mindful of protecting
the viability of existing business, preserving and protecting the
residential character of the village and enhancing the character and
appearance of the Business District, the Board of Trustees hereby
enacts regulations designed to control the proliferation of business
inconsistent with the objectives of the village and the National Seashore,
to allow the proper development and redevelopment of businesses which
provide necessary public services and are consistent with a predominantly
residential community. The Board of Trustees believes that a comprehensive
review by the Planning Board of the conversion of residential property
in the Business District to commercial use is proper and necessary
for the commercial development of the village. Accordingly, until
such amendment has been voted upon by the Board of Trustees, or one
year from the date hereof, whichever first occurs, the Board of Trustees
shall not entertain any applications for conversion of residential
property in the Business District to commercial use.
The following uses shall be permitted by special
permit from the Board of Trustees after a public hearing and following
approval by the Fire Island National Seashore.
B.
Stores in which goods, services and commodities are
sold at retail in support of community living.
C.
Professional offices.
D.
Accessory uses.
(1)
The following accessory uses shall be permitted when
located on the same lot with the authorized use:
(2)
No accessory building shall be constructed on a lot
until the construction of the main building has actually been commenced,
and no accessory building shall be used unless the main building on
the lot is completed and used.
(4)
Nothing herein contained shall be construed to permit
the creation, alteration, addition, maintenance or use of any premises
which shall provide open air, outside service, outside display, outside
counter or window service, unless specifically authorized by the Board
of Trustees.
E.
Solar energy systems and equipment.
[Added 6-13-1981 by L.L. No. 4-1981]
F.
Receiving or transmission tower.
[Added 6-25-1983 by L.L. No. 7-1983]
G.
Existing residential rental room or rooms.
[Added 1-25-1997 by L.L. No. 1-1997]
(1)
Findings. Notwithstanding anything heretofore or hereinafter
contained, the Board of Trustees deems it necessary and desirable
for the protection of the safety, health, comfort and general welfare
of the inhabitants of the Village of Ocean Beach to permit the use
of any existing residential rental room or rooms in the Business C
District and establish a procedure for the issuance of a special permit
for their use.
(2)
Premises. The term "existing residential rental room"
is defined as any premises or portion thereof used for residential
purposes for hire or rental or otherwise regardless of the term or
conditions of the rental or use located within the Business C District
used as of June 1, 1997, as and for residential purposes;
(3)
Determination of use. That the Board of Trustees shall
have exclusive authority over the determination of the issuance of
a special permit as and for existing residential room or rooms, however,
the Board of Trustees hereby delegates its authority as aforestated
as follows:
(a)
The Village Administrator and Building Inspector
and Fire Inspector or Marshal shall have the initial authority to
permit and/or approve the use of the existing residential room or
rooms upon such terms and conditions as the Village Administrator
and Building Inspector and Fire Inspector or Marshal shall deem proper
and reasonable, including but not limited to additional construction
and/or improvements, determination of existing use and the terms and
conditions of future usage;
(b)
All applications for a special use permit for
an existing residential room or rooms shall be in writing and filed
with the Village Clerk on or before June 1, 1997, on forms to be supplied
by the Village Clerk and shall be kept on file by the Village Clerk;
(c)
In the event that the use is approved the application
form shall be signed by the Village Administrator and Building Inspector
and Fire Marshal and the terms and conditions of usage shall be attached
or endorsed thereon and a copy provided to the applicant;
(d)
Any member of the Board of Trustees shall have
the right to place the issuance of approval on the agenda at the next
Board of Trustees meeting at which time the approval of use shall
be subject to confirmation, rejection or modifications;
(e)
Any applicant shall have the right in the event
that the applicant's request is rejected or the conditions imposed
are sought to be modified to request, in writing, filed with the Village
Clerk at least 10 days prior to the Board of Trustees meeting at which
review is sought, to make a request that the permit application be
placed upon the agenda of the Board of Trustees at the next meeting
thereof and that the Board of Trustees approve the application or
modify the permit. The Board of Trustees shall have the right by majority
vote of a quorum present and voting to entertain the application or
approve the application or modify the permit or reject the application
in whole or in part.
(4)
Permits.
(a)
A permit shall be issued by the Village Administrator
and Building Inspector and Fire Inspector and Marshal only based upon
the foregoing procedure for the special use of existing residential
room or rooms based upon the foregoing provisions which permit shall
be in writing and shall constitute the signatures of the Village Administrator
and Building Inspector and Fire Inspector and Marshal indicating approval
upon the application together with the terms and conditions of approval
annexed to the initial application.
(b)
Any rejection of an application shall be indicated
upon the initial application by the signatures of the Village Administrator
and Building Inspector and Fire Marshal and Inspector.
(c)
All such special use permits shall additionally
be subject to the approval of the Fire Island National Seashore.
Consistent with the General Management Plan
of the Fire Island National Seashore and the objectives of the Village
of Ocean Beach, buildings or land hereafter may not be altered, changed,
expanded, converted, constructed or used for any of the following
purposes:
A.
Apartments, multiple dwellings and apartment hotels.
[Amended 11-1-1980 by L.L. No. 12-1980]
B.
Showers, lockers and changing rooms.
C.
Guesthouses, boardinghouses, lodging houses, boatels
and hotels.
D.
Swimming, diving and wading pools or other similar
type water-intensive uses.
E.
Restaurants and eating and/or drinking establishments,
whether counter service, carry-out or fast-food, or other businesses
designed to serve food and/or drink inside of the structure, outside
or both inside and outside the structure and whether or not serving
alcoholic beverages for on-premises consumption.
F.
Discotheques, dance halls and cabarets.
G.
Uses which are designed for manufacturing or industry,
or which are dangerous, unsafe or harmful to person, health or property.
H.
Stores in which goods, services and commodities are
sold at retail above the ground floor.
I.
Those uses not expressly permitted uses.
A.
In the Business C District, no building or structure
shall be erected to a height in excess of 28 feet as measured from
the elevation at the center of the established walkway. In no case
shall a building or structure exceed two stories in height.
[Amended 11-22-1999 by L.L. No. 6-1999; 11-13-2004 by L.L. No. 2-2004]
B.
Accessory buildings shall not exceed 10 feet in height.
[Added 1-28-2006 by L.L. No. 2-2006]
All main buildings hereafter erected, modified
or altered shall have minimum front, side and rear yard setbacks of
four feet.
A.
For a single-family dwelling hereafter erected, the
minimum required ground-floor area, exclusive of accessory uses such
as open porches, breezeways, sheds, decks, ramps and other such uses,
shall be 600 square feet.
B.
No building shall be constructed, enlarged, extended,
reconstructed, altered or partitioned so as to provide more than one
kitchen, two bathrooms or water closets and four rooms for sleeping
purposes, nor shall more than four rooms in any one building be used
for sleeping purposes.
A.
All new structures and alterations submitted to the
Board of Trustees for special permit in accordance with this Article
shall be reviewed by the Village Planning Board in accordance with
applicable provisions of § 7-725[1] of the Village Law of the State of New York.
[1]
Editor's Note: Said section was repealed by
the laws of 1992, c, 694, § 3, effective 7-1-1993.
B.
The Planning Board shall review the site plan and/or
building plan for architectural features; consistency and harmony
with the front, side and rear yard setbacks; and means of ingress
and egress. A buffer strip shall be required wherever the Business
District abuts the Residence District.
[Amended 6-10-2000 by L.L. No. 3-2000]
C.
The Planning Board shall forward its comments, together
with the reviewed site plan, to the Board of Trustees not later than
the date of public hearing for the special permit application.
No encroachments shall be permitted.
[Amended 3-2-1996 by L.L. No. 1-1996]
A.
No self-illuminated signs shall be permitted in the
Business C District, nor signs of an obscene nature appealing in purient
interest or offensive to community standards.
B.
Size shall be limited to four square feet and shall
be limited in number to two per premises, to be located on the premises,
directly in front of the area where the specific use occurs.
C.
Sign content must be either the name of the specific
business establishment or related to the business on the premises.
D.
Nonconforming signs may continue such nonconformity
until they are destroyed, structurally altered, reconstructed, changed
or moved, but the period of such nonconformity may not exceed two
years from the date of the enactment of this chapter.
